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if a name is confusingly similar in your industry or space then youamp;#39;re not going to be able to use it it will be considered trademark infringement you might be wondering what is confusingly similar who decides that well itamp;#39;s a considered a finding a fact I will ask my client who is arguing that somebody elseamp;#39;s brand is similar Iamp;#39;ll say keep a log of all the calls from customers you get where theyamp;#39;re confused about whether you are yourself or this other company thatamp;#39;s using a similar name so thatamp;#39;s one example of how you can establish evidence that customers are actually confusing two separate companies you have to prove there is no confusion in the marketplace